Allowed

Furqan Alam v. State of U.P.

Allahabad HC15 Dec 2020BAIL/46356/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad allowed the bail application filed by Furqan Alam. Relying on the absence of independent witnesses for the alleged false recovery, the Court ordered the applicant's release on personal bond and two sureties.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties with specific conditions regarding attendance and behavior.

Furqan Alam Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46356 of 2020 Applicant :- Furqan Alam Opposite Party :- State of U.P. Counsel for Applicant :- Abrar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri G.S. Hajela, learned counsel assisted by Sri Abrar Ahmad, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 236 of 2020 at Police Station- Alinagar District- Chandauli on 27.01.2020, under Sections 419, 420, 467, 468, 471, 474, 484, IPC.

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The bail application of the applicant was rejected by learned Additional District & Sessions Judge, Chandauli on 02.11.2020.

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The applicant is in jail since 27.10.2020 pursuant to the said F.I.R.

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Sri G.S. Hajela, learned counsel contends that false recovery has been shown. There is no independent witness of the recovery. False recovery was shown from the applicant. No offence is disclosed against the applicant inasmuch as as no forged license or documents are traceable to the applicant even as per recitals contained in the FIR.

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Learned A.G.A. has opposed the bail application.

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The applicant does not have any criminal history apart from this case.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Furqan Alam be released on bail in Case

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Crime No. 236 of 2020 at Police Station- Alinagar DistrictChandauli, under Sections 419, 420, 467, 468, 471, 474, 484, IPC., registered on 27.01.2020 at Police Station- Alinagar District- Chandauli, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The party shall file computer generated copy of such order

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downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 15.12.2020 Pravin

Furqan Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Furqan Alam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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